landlords solicitors amended lease without permission

[fedupconsumer]

took on a shop with flat over in 2008. business lasted 3 months and has been empty since.

signed a lease agreement for 15 years wit 5 year reviews because the rent was so low for both flat and shop at 6500pa. The landlords solictor's made a mistake in the terms and price. i signed the lease along with a witness on every page.

i refused to pay the rent because the lanlords agent said the rent was 11000pa and not 6500!

 

could the lease be challenged as unenforcable? the lease is not registered with LR

[IdaInFife]

[bigegg]

I'm not an expert, but I would say if you have a 15 year lease which says your rent is 6500, reviewable every five years, then it can't be changed without your consent, at least until the five years are up.

 

Carry on paying the rent at 6500 pa, tell the sols if they want to sue you for the rest, to do so - I doubt they'll get far.

 

I wouldn't have thought the lease is unenforceable tho - you DO have a copy with the 6500 figure?

And you haven't signed any further agreement to vary the rent?

 

Alternatively, if you prefer to get out of the lease altogether, then write a letter to the sols saying:

My lease states 6500pa rent - if you want 11k pa rent, then I would be agreeable to terminating my lease early to allow you re-lease to someone else.

You could ask the sols to buy you out for a reasonable amount (say 6 months rent) if you feel cheeky

[fedupconsumer]

Thank you for the response.

Do you mean the lease is enforcable?

[bigegg]

Without seeing the lease, and based on what you have said, and in my opinion only:

 

Yes

I think your lease WOULD be enforceable.

but:

ONLY for the 6500pa rent.

[andydd]

Its a bit worrying that the lease is not registered at the Land Registry, do you know why this is ? This may cause a problem as it would be hard for either side to prove the original copy.

 

I was in similar sitaution regarding my leasehold flat, the lease stated £30 annual ground rent but i was always charged £75. The lease can only be changed by a Deed Of variation signed by both parties, in my case there was a deed but it did not contain the clause increasing the ground rent.

 

I eventually started a court case and won, the landlord admitted he was wrong to charge £75.

 

I obtained the Deed direct from the Land Registry to prove I was right (the landlord had a version that said the ground rent was £75, mine (and the copy held at LR) said £30.

 

I cant see how the lease can be enforceable, it is enforceable when signed by both parties and the terms within (i.e if it say you pay £6500, then that is what you pay).

 

Andy